Gujarat High Court
Janakkumar Prahladbhai Patel vs State Of Gujarat on 23 February, 2021
Bench: Nikhil S. Kariel
R/CR.MA/19554/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 19554 of 2020
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JANAKKUMAR PRAHLADBHAI PATEL
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MR TEJAS P SATTA(3149) for the Applicant(s) No. 1
MR MAHESH K POOJARA(5879) for the Respondent(s) No. 2
MS MOXA THAKKAR, ADDITIONAL PUBLIC PROSECUTOR(2) for
the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 23/02/2021
ORAL ORDER
1. Heard learned Advocate Mr. Tejas P. Satta for
the applicant, learned APP Ms. Moxa Thakkar for the
respondentState and learned Advocate Mr. Mahesh K.
Poojara for the original complainant.
2. With the consent of learned Advocate for the
applicant and learned Advocate for the respondents,
present application is taken up for final disposal
today.
3. By way of this application, the applicant prays
for quashing of criminal complaint being FIR No.I
R/CR.MA/19554/2020 ORDER
C.R. No.88 of 2019 registered with Idar Police
Station, Sabarkantha on 28th May 2019 for the
offences punishable under Sections 420, 406, 467,
120B and 465 of the Indian Penal Code and quashing of
subsequent proceedings arising therefrom.
4. Learned Advocate Mr. Tejas P. Satta for the
applicant submits that pending the complaint, the
parties have settled the dispute interse and whereas
no fruitful purpose would be served, if the complaint
is permitted to continue against the applicant
herein.
5. Learned Advocate Mr. Mahesh Poojara appearing
for the original complainant submits that he has
filed an affidavit to this regard at page No.17 of
the present application. Complainant Namankumar s/o.
Nareshkumar Rameshchandra Desai is present in the
office of learned Advocate Mr. Mahesh Poojara and the
complainant may be permitted to join the meeting.
Permission is granted.
6. Learned Advocate Mr. Mahesh Poojara has
identified the complainant. The complainant has
joined the meeting and upon inquiry by this Court, he
R/CR.MA/19554/2020 ORDER
confirms the fact of settlement and that he would not
have any objection, if the complaint is quashed.
7. Learned APP Ms. Moxa Thakkar strongly opposed
the present application and she further submits that
the offences committed by the applicant are serious
in nature and therefore, no indulgence may be shown.
8. Having heard learned Advocates for the
respective parties, this Court is of the opinion that
while allegations levelled in the complaint against
the applicants are serious, but looking to the
averments made in the affidavit filed by the
complainant dated 23rd October, 2020, more
particularly, since the issue is resolved and that he
does not wish to proceed further with the impugned
FIR and considering the judgments of the Supreme
Court in the cases of Gian Singh Vs. State of Punjab
& Anr., reported in (2012) 10 SCC 303, Madan mohan
Abbot Vs. State of Punjab, reported in (2008) 4 SCC
582, Nikhil Merchant Vs. Central Bureau of
Investigation & Anr., reported in 2009 (1) GLH 31,
Manoj Sharma Vs. State & Ors., reported in 2009 (1)
GLH 190 and Narinder Singh & Ors. Vs. State of Punjab
R/CR.MA/19554/2020 ORDER
& Anr., reported in 2014 (2) Crime 67 (SC), no
fruitful purpose would be served, if the complaint is
proceeded any further.
9. In view of the discussions and observations
above, the criminal complaint being IC.R. No.88 of
2019 registered with Idar Police Station, Sabarkantha
on 28th May 2019 for the offences punishable under
Sections 420, 406, 467, 120B and 465 of the Indian
Penal Code and quashing of subsequent proceedings
arising therefrom and all consequential proceedings
arising therefrom is hereby quashed and set aside qua
the present applicant.
Rule is made absolute to the aforesaid extent.
Registry to communicate this order to the concerned
Court/authority by Fax or Email forthwith.
(NIKHIL S. KARIEL,J)
Pallavi
